X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46285 Judge Cedarbaum THE COURT’s dismissal of a charge that Martha Stewart defrauded investors in her own company by lying about her sale of ImClone stock turned on the different standards for “evidentiary sufficiency” in criminal and civil securities fraud cases. The court found that prosecutors presented “weak” evidence that Ms. Stewart intended to deceive investors in her company when she issued public denials about ImClone in 2002. The court said that the evidence of intent fell far short of the requirement in criminal cases to prove every fact beyond a reasonable doubt, and a guilty verdict on the intent to defraud issue could only have been reached through “speculation and surmise” by the jury. The court added, however, that the prosecution met its evidentiary burden to get the remaining counts to the jury, noting that Ms. Stewart’s attorney is limited, or barred entirely, from using the missing charge to his advantage in closing arguments.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.